Loading...
100 Notice of Responsibility & Action Outcome AL L.PATRICK rnor DTHY P.MURRAY tenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL Ms. Beth Zinkervicv ExxonMobil Corporation 52 Beacham Road Everett,MA 02149 Dear Ms. Zinkervicv: IAN A BOWLES Secretary LAURIE BURT Commissioner February 12, 2008 Re: Florence 100 Main Street Release Tracking it 1-16912 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 On February 8, 2008, at 3:45 P.M., Ms. Karen Harris of Groundwater and Environmental Services, Inc. provided notification on your behalf to the Department of Environmental Protection(the Department) of a threat of release of#2 fuel oil at the subject location(the site). As reported,the#2 fuel oil underground storage tank (UST) failed a tank tightness test. This condition constitutes a threat of release as listed in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP"). In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (RNF) be submitted to the Department within 60 calendar days of the date of oral notification. The Department has reason to believe that the release that was reported is or may be a disposal site as defined in the MCP. The Department also has reason to believe that you (as used in this letter "you" refers to ExxonMobil Corporation) are a potentially responsible party (PRP) with liability under Section 5(a) of M.G.L. c. 21E. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section 5(a). This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the This informadan is available in alternate format Call Donald M.Gomes,ADA Coordinator al 617-5561052.TDD/866539-7622 or 617-574-6868. DEP on the WWa .iM World Wide Web. httpww.mass govldep `J Printed on Recycled Paper ExxonMobil Corporation Notice of Responsibility RTN 1-16912 Page 2 Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c. 21E is attached. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any actions necessary to protect any such claims you may have against third parties. At the time of notification, the Department approved the following response actions as Immediate Response Actions(IRA), subject to your retainment of a Licensed Site Professional(LSP): 1. Determine the cause of the UST failure; 2. Perform confirmatory sampling,as needed,to determine if further remedial action is necessary; and 3. Complete assessment activities. Specific approval is required from the Department for the implementation of an IRA with the exception of assessment activities, the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or Response Action Outcome(RAO) statement. The MCP requires that a fee of$1,200.00 be submitted to the Department when an RAO Statement is filed greater than 120 days from the date of notification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a LSP. You may obtain a list of the names and addresses of LSPs by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617) 556-1091 or in person or by mail at One Winter Street, 3rd Floor,Boston,Massachusetts 02108. Unless otherwise provided by the Department, responsible parties have one year from the initial date notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility, whichever occurs earlier,to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; or(2) a RAO Statement; or (3) a Downgradient Property Status Submittal. The one-year anniversary date for this release is February 8 2009. ExxonMobil Corporation Notice of Responsibility RTN 1-16912 Page 3 If you have any questions relative to this notice,you should contact Stacey Dakai at the above letterhead address or by telephone at 413-755-2149. All future communications regarding this release must reference the Release Tracking Number(RTN)contained in the subject block of this letter. Sincerely, /7 J1 David A. Slowick Section Chief Emergency Response DAS:SAD:kml P:16912nor.doc Certified Mail No. 7007 0710 0003 2182 1652 cc: Northampton Fire Department Board of Health Mayor's Office Karen Harris, GES Attachments to addressee only: Release Notification Form, BWSC-003 and Instructions Summary of Liability under M.G.L. c. 2IE Railroad Plaza, 1st Floor rersford,PA 19468 ine: (484)369-5000 Fax: (484)369-2000 March 1, 2012 Ms. Donna Salloonl - Chairperson Chairperson, Board of Health Northampton. Massachusetts 212 Main Street Northampton, MA 01060 Email: choran@synergyenvinc.com Direct Dial: (484)369-2010 RE: Phase I Initial Site Investigation Report and Response Action Outcome RTN: 1-18139 Former Mobil Service Station No.11839 100 Main Street,Florence,MA Synergy Project No. 11-00186-1835 Dear Ms. Salloonl: Pursuant to the Massachusetts Contingency Plan (310 CMR 40.000), this letter is to inform you that a combined Phase I Initial Site Investigation Report and a Response Action Outcome (RAO) Statement were submitted to the Massachusetts Department of Environmental Protection (MADEP) by Synergy Environmental, Inc. (Synergy) on behalf of 100 Main St. Florence, LLC for the above referenced site. The complete Report and MADEP transmittal Form is available from Synergy via email or hard copy upon request, and via the MADEP website (httpJeublie.dep.state.ma.us/SearchableSites/). Should you have any questions, please do not hesitate to contact us. Sincerely. SYNERGY ENVIRONMENTAL, INC. Christopher J. Horan, P.G., L.S.P. Senior Project Manager cc: Karen DiIIey (Lehigh Gas Corporation) File Royersford,I'A • Lancaster,1'A • Reading,1'A • Cherry Hill,NJ www.synergyenv inc corn Summary of Findings and Conclusions In response to a reportable defection of lead in soil, Synergy conducted a Phase 1 Initial Site Investigation which included: • Collection of groundwater and soil: ane samples for lead analysis; • Review of historic information; • Review of data from past assessments and soil sampling event s for the property; • Downloading a MCP Numerical Ranking System Map; • Investigation of domestic supply wells; and, • A Method 1 Risk Characterization. A condition of No Significant Risk(as that term is defined in the MCP) exists with respect to the Icad detected in Lead Disposal Site, and submission of a Response Action Outcome Statement is supported. 11,i.1r1115_ Gas vi cilLlsc:t;11,11C na]wioeal-( .r d ItAO.dac 11 uonmo-r IWia�i�ue,u�